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Apr 16, 2013
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they have suggested that there's an exception to miranda for public safety which we all know there is. i think they've been very extravagant in assuming they'll get the largest possible exception under the law and the reality is in different circuits that exception is interpreted differently. >> if they think they don't have to give the guy the miranda rights, you have the right to remain silent and right to an attorney, they think we have a big exemption, before they wofer that and try to get all of the information from the person and it may come back to bite them because some jurisdictions don't see it that way. >> absolutely right. in some places if you're a dangerous offender you get a long exception. in others, it doesn't matter how dangerous you are, if police basically rendered you-- >> what should happen. if we identify the person what do you think as a doj think next. >> in the person fits the definition of enany combatant, al-qaeda affiliate or someone we're at war with, that president obama could order the assassination of if that person was in yemen, that person belongs in
they have suggested that there's an exception to miranda for public safety which we all know there is. i think they've been very extravagant in assuming they'll get the largest possible exception under the law and the reality is in different circuits that exception is interpreted differently. >> if they think they don't have to give the guy the miranda rights, you have the right to remain silent and right to an attorney, they think we have a big exemption, before they wofer that and try...
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Apr 20, 2013
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holding up miranda warningings, the administration has done something i am relieved b. they seem to recognize you have to question these people . if they are willing to forgo. confessions. they can question him forever. two weeks and only thing that happens, they can't use that material in a criminal trial. they have plenty of other thing to convict him with. they can use for all intelligence. >> there are two ways to that result. convict him without his statement and since he made a confession that is admissible. he made it easier for you. >> you were quoting charles craught -- krauthammer. they want us dead and we have to realize a lot of people wantulse dead. >> it is a shame we need things to remind us of that. that has been true for 35 years. >> and you never let go of your resolve. mayor an honor. >> and another femo who warned about this. commander lipo, the r remember the uss cole predating 9/11. that was the terrorist real salvo to 9/11. he's next, after this. [ male announcer] surprise -- you're having triplets. [ babies crying ] surprise -- your house was bui
holding up miranda warningings, the administration has done something i am relieved b. they seem to recognize you have to question these people . if they are willing to forgo. confessions. they can question him forever. two weeks and only thing that happens, they can't use that material in a criminal trial. they have plenty of other thing to convict him with. they can use for all intelligence. >> there are two ways to that result. convict him without his statement and since he made a...
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Apr 23, 2013
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not just miranda. it's miranda, it's the engagement of lawyers and it's an entirely different scenario. do you think we will have trouble prosecuting this guy? >> of course not. we don't need his confession. >> why didn't we wait? >> wait, wait. >> that would have been completely lawless. don't blame the justice department -- >> wait, you just said it was an act of terror. >> of course. >> and a crime. >> and you can still prosecute later, but in the meantime before you offer miranda rights, get some of america's best interrogators in there and you find out what this guy knows. is he connected to a larger cell? are there pending attacks? are there foreign links? where did the training come from? how did you learn to make the bombs? basic simple questions this we need to know because the safety and security of the american people in this case i think are paramount. >> sean, do you know who gave him his miranda rights? >> i don't know exactly who but we were told he was. >> a federal judge, a magistrate
not just miranda. it's miranda, it's the engagement of lawyers and it's an entirely different scenario. do you think we will have trouble prosecuting this guy? >> of course not. we don't need his confession. >> why didn't we wait? >> wait, wait. >> that would have been completely lawless. don't blame the justice department -- >> wait, you just said it was an act of terror. >> of course. >> and a crime. >> and you can still prosecute later, but in...
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Apr 28, 2013
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do they believe there was a mistake there in reading miranda rights so early? >> we talked to him and democratic senator joe manchin and they expressed considerable distress. it's not the judge, once he had been formally charged on a criminal charge in federal court the judge that went over the next day on monday to the hospital had to notify him of his miranda rights. the question is why was the department of justice in such a hurry to charge him in a criminal case not to continue to question him either not reading his miranda rights or call him an enemy combatant. why were they soe in such a hurry to charge him to be lawyered up and stop talking? >> heather: we can get all more on your interviews. >> no miranda rights for me, thank you, heather. >> heather: you'll have more on texas congressman michael mccall and john manchin and chris is signature down to israeli ambassador to the u.s. it airs at 2:00 p.m. and 6:00 p.m. only on fox. >> eric: they are remembering and offering sunday morning prayers in boston. coming up, more survivors are speaking out. they a
do they believe there was a mistake there in reading miranda rights so early? >> we talked to him and democratic senator joe manchin and they expressed considerable distress. it's not the judge, once he had been formally charged on a criminal charge in federal court the judge that went over the next day on monday to the hospital had to notify him of his miranda rights. the question is why was the department of justice in such a hurry to charge him in a criminal case not to continue to...
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Apr 20, 2013
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there's too much misinformation about miranda. we're looking at it based on television programs tv series. if there's a miranda violation, that means that that statement that individual made can't be used in a court of law against him. however, this individual -- julian is right, the fbi is gathering that -- they already said they took full responsibility to it to the person whose car they carjacked. all they mean is statements you get are admissible. it's an affirmative defense on an evidentiary point. >> so your point is, just so i can clarify, your point is, we can still very likely put this guy in jail, or get the death penalty, whatever we decide. we may not need any of these statements against him in court. why not interrogate him for public safety reasons longs as long as we want? >> jay is right. the guy confessed in the carjacking. the terror suspect confessed to being the boston bomber. tim think mcveigh was mirandized. there isn't a problem here, which is why i'm surprised that senator graham, senator mccain and others
there's too much misinformation about miranda. we're looking at it based on television programs tv series. if there's a miranda violation, that means that that statement that individual made can't be used in a court of law against him. however, this individual -- julian is right, the fbi is gathering that -- they already said they took full responsibility to it to the person whose car they carjacked. all they mean is statements you get are admissible. it's an affirmative defense on an...
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Apr 28, 2013
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miranda is a nonissue. the only thing that miranda warning protect against is that any, that any statement that you get after the miranda warnings can be used in criminal trial. here they didn't need further statements from him. they had photographs for goodness sake of him committing the crime and the own confession to people he carjacked. there is ample evidence without his statement. the purpose to interview him is get intelligence information. >> eric: are you concerned they may not have gotten enough? >> yes. >> eric: what do they do from here? >> well, what do they do? they will probably go ahead with the ordinary criminal process. and allow him to remain where he is and allow the lawyer to determine whether he gets questioned any further. what do i think they could do? i think they could question him for intelligence purposes so long as they kept that separate from the criminal investigation. he wouldn't have any right to have a lawyer present in that interview. anytime he would have a right to have
miranda is a nonissue. the only thing that miranda warning protect against is that any, that any statement that you get after the miranda warnings can be used in criminal trial. here they didn't need further statements from him. they had photographs for goodness sake of him committing the crime and the own confession to people he carjacked. there is ample evidence without his statement. the purpose to interview him is get intelligence information. >> eric: are you concerned they may not...
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there are exceptions to the miranda warning? >> there are exceptions to the miranda warnings. since the miranda case in 1966, the supreme court carved out a number of different exceptions where the police don't need to read the miranda warnings to a suspect and can still introduce in the statements that the suspects make into evidence. >>brian: do you believe this information warrants that exception? >> i do not. i think the government is taking a chance by deciding to go ahead and interview the suspect, future defendant without reading his miranda rights. the exception that they are citing is the public safety exception from a 1984 case, where a suspect was arrested after putting a loaded gun somewhere that supermarket. as the police were driving away, they asked him what he did with the gun, and he told them where it was. the police were able to recover a loaded gun. but in that case the danger to the public was immediate. here, i think we're talking about potentially interviewing this guy, the younger brother, when he wakes up in the hospital after the police have been sati
there are exceptions to the miranda warning? >> there are exceptions to the miranda warnings. since the miranda case in 1966, the supreme court carved out a number of different exceptions where the police don't need to read the miranda warnings to a suspect and can still introduce in the statements that the suspects make into evidence. >>brian: do you believe this information warrants that exception? >> i do not. i think the government is taking a chance by deciding to go...
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miranda rights read. so he may well cooperate and this may well all have a happy ending and i hope it does and i hope everything works out just fine. there is at least a chance that some information will be lost because of this and it seems to me that when you have an attack of this kind related to muslim extremism as this plainly is especially in the case of the older brother perhaps in the case of this young man as well that intelligence is critical and ought to be a priority. >> bret: yuan, we don't know what if anything he has told investigators up until he was read his miranda rights. that's what we don't know. he is clearly not speaking because of the injury. but, your thoughts? >> i was going to make the point that you made, which is that we don't know what he said before he was read his miranda rights. and it would indicate from the fact that he is nodding that maybe he wasn't able to speak. maybe, i don't know but that's my assumption based on the transcript. i will say i don't think the presiden
miranda rights read. so he may well cooperate and this may well all have a happy ending and i hope it does and i hope everything works out just fine. there is at least a chance that some information will be lost because of this and it seems to me that when you have an attack of this kind related to muslim extremism as this plainly is especially in the case of the older brother perhaps in the case of this young man as well that intelligence is critical and ought to be a priority. >> bret:...
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miranda isn't in the constitution. what the court should look at is it the confession voluntary not whether a specific set of words were read. rehnquist ended up upholding it because of star idecised us. kind of a stretch that the precise words are necessary. >> geraldo: military tribunal. >> i already answered that. give me a break. you don't have to read miranda to a rapist. the rape is over. we are not worried about another bomb. >> geraldo: say it in english. court or tribunal? >> oh, court or tribunal. i suspect we need to know a little more information but certainly looking like a military tribunal. >> geraldo: do you want it to be a military tribunal? >> depends on the facts but looks like yes, this was. >> geraldo: quadruple murder and four death sentences on this guy. >> i don't care what the guys were saying during the commercial break. a military tribunal done properly are does not give the defendant as many protections as a mere criminal in the united states. >> geraldo: robert first and then bo. >> i feel
miranda isn't in the constitution. what the court should look at is it the confession voluntary not whether a specific set of words were read. rehnquist ended up upholding it because of star idecised us. kind of a stretch that the precise words are necessary. >> geraldo: military tribunal. >> i already answered that. give me a break. you don't have to read miranda to a rapist. the rape is over. we are not worried about another bomb. >> geraldo: say it in english. court or...
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in the miranda law. what happened to that. why are we still under the same miranda laws. if they want to do this to criminal justice system, i think we should declare them enemy combatants. if you are going to use the criminal justice system, why don't they fix that four years have after they read a terrorist his miranda rights. >> megyn: we're going to talk to andrew mccarthy. the guy who put the blind sheik in jail. he will talk to him about whether this hole public safety exception argument we got from the administration, don't worry, we will go public safety exception to miranda. it was a big fraud. whether it was big fraud that was perpetrated on the american people because that exception under their own interpretation and behavior gave them not enough time, gave them not enough time. f.b.i. interrogators had said so. after this break, we'll pick up the debate. how are you on the terror watch list and getting public benefits at the same time? ...or letting them know they can reach geico 24/7 using t
in the miranda law. what happened to that. why are we still under the same miranda laws. if they want to do this to criminal justice system, i think we should declare them enemy combatants. if you are going to use the criminal justice system, why don't they fix that four years have after they read a terrorist his miranda rights. >> megyn: we're going to talk to andrew mccarthy. the guy who put the blind sheik in jail. he will talk to him about whether this hole public safety exception...
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why do you give him miranda rights? >> chris: question two. north korea, which this week upped its threat, the warnings to levels even extraordinary for north korea. and the new leader there, kim jong un. why do you think the rhetoric is so extreme and how seriously should we take it? >> he could be getting pressure from others and elders in the military surrounding him now and feels the need to show himself and puff out his chest. the obama administration handled this well. better than bush administration tid in second term. their policy seemed to be to respond to every provocation with a pre-emptive concession. and the obama administration is not doing that. they are letting the provocations happen. they are putting pressure on china to get serious, but they're not responding in a public way seeking more talks. >> i think with all the rhetoric, the north korea reasons masking a deep -- north koreans are masking a deep insecurity and weakness. the ground is slowly shifting under the regime. the example of that the china vote and the security
why do you give him miranda rights? >> chris: question two. north korea, which this week upped its threat, the warnings to levels even extraordinary for north korea. and the new leader there, kim jong un. why do you think the rhetoric is so extreme and how seriously should we take it? >> he could be getting pressure from others and elders in the military surrounding him now and feels the need to show himself and puff out his chest. the obama administration handled this well. better...
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i want to talk about miranda. suspect number 2. they read dzhokhar his miranda rights last night apparently bedside. while we talk about this will you pull up the picture of joe -- dzhokhar and the young boy who was killed. isn't this one of the most evil pictures you have seen. that boy is minutes away from being blown up by the bomb. the bomb placed at the feet of him. should she have read his miranda rights dick dick i still can't get over he is doing my segway. >> people coming into certain universities. that's true there is a hesitancy to jump on muslims as there is to jump on blacks. i mean, it's something that my side has condition the people to be very careful about that when i said something yesterday about student visas i will get into later in the show. i get jumped on my side. >> miranda bad idea or not. plenty of time to do it but they decided to do it last night. i'm assuming an correct me if i am wrong, you may know, this the department of justice pushed them to do that now. >> i would imagine. i give deference to th
i want to talk about miranda. suspect number 2. they read dzhokhar his miranda rights last night apparently bedside. while we talk about this will you pull up the picture of joe -- dzhokhar and the young boy who was killed. isn't this one of the most evil pictures you have seen. that boy is minutes away from being blown up by the bomb. the bomb placed at the feet of him. should she have read his miranda rights dick dick i still can't get over he is doing my segway. >> people coming into...
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of time public issue terrorism where did you get the bomb, anybody help you readed subject dzhokhar miranda warning and he slammed up. >> he was providing valuable information and then as soon as he was read his rights, he stopped this is what the fbi said. >> that's what the fbi said. >> bill: there is a fight between the fbi and justice department who is the fbi's boss? >> all we know for sure right now is that the assistant u.s. attorney on the case filed a criminal complaint on sunday and they went in and mirandized him on monday. >> bill: which will had to be under the order of holder i talked to the former attorney general of the united states michael mukasey on my program and asked him if there is any way this happens without eric holder. >> no way. you don't have some rogue usa assistant u.s. attorney. they were not pleased. 16 hours into the interrogation which they believed they had 48 hours. here is the bottom line, people who analyze this stuff for a living former assistant u. >> s attorney. this was about eric holder, the doj wanting to shut down the debate that was emerging in
of time public issue terrorism where did you get the bomb, anybody help you readed subject dzhokhar miranda warning and he slammed up. >> he was providing valuable information and then as soon as he was read his rights, he stopped this is what the fbi said. >> that's what the fbi said. >> bill: there is a fight between the fbi and justice department who is the fbi's boss? >> all we know for sure right now is that the assistant u.s. attorney on the case filed a criminal...
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there is a lot of truth, wait waive to give miranda rights. defense attorneys will do that inevitablely in a case like this especially where it's going to be what he says. >> megyn: the obligation is to protect his client, not to protect us. you need to have somebody looking out for you. he did, he did some things right after the break when our panel continues. okay, team! after age 40, we can start losing muscle -- 8% every 10 years. wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite, hmb to help rebuild muscle and strength naturally lost over time. [ female announcer ] ensure muscle health has revigor and protein to help protect, preserve, and promote muscle health. keeps you from getting soft. [ major nutrition ] ensure. nutrition in charge! >>. >> megyn: back mercedes and mark according to some reports, not independently confirmed he is claiming by writing out answers because he can't speak that well that his brother, his older brother wanted
there is a lot of truth, wait waive to give miranda rights. defense attorneys will do that inevitablely in a case like this especially where it's going to be what he says. >> megyn: the obligation is to protect his client, not to protect us. you need to have somebody looking out for you. he did, he did some things right after the break when our panel continues. okay, team! after age 40, we can start losing muscle -- 8% every 10 years. wow. wow. but you can help fight muscle loss with...
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he does not need to see his miranda rights read to him in bed. laughable. >>steve: from what i've read this morning, apparently it was their mother who pushed them towards islam, a very extreme form of islam. you've got to wonder whether or not the widow of the older brother, who is now with her parents, knew anything. there she is right there. catherine russell tsarnaev. she reportedly didn't have any reason to suspect him. why? because she was apparently working 70 to 80 hours a week as a home health care aide. while she was away, he was supposedly taking care of the three-year-old toddler. >>gretchen: she had totally changed who she was. many people allege she had been brain washed by this radical islam thought, that she was a christian before, and three years ago she decided to convert. but not only just convert; really get into the depths of it and change exactly who she was. we saw her there in the garb. people who knew her in high school said she was nothing like she was before. she dropped out of college. she had aspired to become somebody and decid
he does not need to see his miranda rights read to him in bed. laughable. >>steve: from what i've read this morning, apparently it was their mother who pushed them towards islam, a very extreme form of islam. you've got to wonder whether or not the widow of the older brother, who is now with her parents, knew anything. there she is right there. catherine russell tsarnaev. she reportedly didn't have any reason to suspect him. why? because she was apparently working 70 to 80 hours a week as...
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. >> a driver involved in the initial crash, charles miranda of vallejo has been charged with dwi, causing bodily injury. >>> a double-decker bus accident in san francisco is raising concern about low hanging wires. five tourists were injured last friday when a tour bus hit a wire in the richmond district. the wire came down on passengers on the bus. one woman was taken to the hospital with life-threatening injuries and is now recovering. another bus hit a wire earlier in the day another passenger said. police say big buss are allowed on certain routes. 12th avenue is used when there is too much traffic on park studio. >>> police in morgan hill says a 16-year-old boy has been arrested in the rape of a 40- year-old woman. two other teenagers were also arrested for burglary. the 16-year-old suspect helped the victim get inside her house friday after she was dropped off by a taxi after a night of drinking. the teenager is accused of returning to the woman's home later that night and raping her. two other teenagers are accused of stealing from the victim. >>> well, executive chef joseph disimo
. >> a driver involved in the initial crash, charles miranda of vallejo has been charged with dwi, causing bodily injury. >>> a double-decker bus accident in san francisco is raising concern about low hanging wires. five tourists were injured last friday when a tour bus hit a wire in the richmond district. the wire came down on passengers on the bus. one woman was taken to the hospital with life-threatening injuries and is now recovering. another bus hit a wire earlier in the day...
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people thought he should have been not given a miranda warning. it turned out he was questioned for a time and then given his miranda warning and the police said he kept talking. they used it as a textbook example. this will remain a controversial decision. it is the stated policy of the obama administration to take anyone like this who creates a crime in the united states and treat them in the regular civilian justice system. they will take him away. when the appropriate time comes, begin to question him. >> pete, i got an e-mail using a term of art in law enforcement. somebody said, remember, this is a federal show. >> meaning the fbi is in charge. we have already heard some members of the senate say this person should be declared an enemy combatant, not given miranda warning and should be subject to a military-style interrogation. the obama administration will never go for that. they believe suspects who commit crimes here should be treated in the criminal justice system. that's what they will intend to do. >> michael leiter who was, among othe
people thought he should have been not given a miranda warning. it turned out he was questioned for a time and then given his miranda warning and the police said he kept talking. they used it as a textbook example. this will remain a controversial decision. it is the stated policy of the obama administration to take anyone like this who creates a crime in the united states and treat them in the regular civilian justice system. they will take him away. when the appropriate time comes, begin to...
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Apr 21, 2013
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miranda isn't in the constitution. what the court should look at is it the confession voluntary not whether a specific set of words were read. rehnquist ended up upholding it becae of star idecised us. kind of a stretch that the precise words are necessary. >> geraldo: military tribunal. >> i already answered that. give me a break. you don't have to read miranda to a rapist. the rape is over. we are not worried about another bomb. >> geraldosa it in english. court or tribunal? >> oh, court or tribunal. i suspect we need to know a little more infmation but certainly looking like a military tribunal. >> geraldo: do you want it to be military tribunal? >> depends on the facts but looks like yes, this was. >> geraldo: quadruple murder and four death sentences on this guy. >> i don't care what the guys were saying during the commcial break. a military tribunal done properly are does not give the defendant as many protections as a mere criminal in the united states. >> geraldo: robert first and then bo. >> i feel like a 9th
miranda isn't in the constitution. what the court should look at is it the confession voluntary not whether a specific set of words were read. rehnquist ended up upholding it becae of star idecised us. kind of a stretch that the precise words are necessary. >> geraldo: military tribunal. >> i already answered that. give me a break. you don't have to read miranda to a rapist. the rape is over. we are not worried about another bomb. >> geraldosa it in english. court or tribunal?...
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. >> i think the miranda issue is an easier issue. he doesn't have to be mar lindaized for a lot of reason. first of all, they have enough evidence to convict him without getting a confession from him. all miranda gets you is a confession you can use in court. you can use that information for everything else. remember, he confessed already to the guy they kidnapped. the guy he kidnapped says, these two guys told us, we did the bombing. they got great witness and they got a great confession. maybe even better than a law enforcement confession where you can claim it was forced out of you. they gave a upon takenious confession -- spontaneous confession. >> bob wants to get in here. so then why did they need to make that statement? i'm trying to figure out why they made that statement? >> i don't know exactly why they made it. maybe because they got so much criticism -- remember the christmas morning bomber that they mirandaized right away, lost the opportunity to get information from him? so i think maybe they were playing defense. >> le
. >> i think the miranda issue is an easier issue. he doesn't have to be mar lindaized for a lot of reason. first of all, they have enough evidence to convict him without getting a confession from him. all miranda gets you is a confession you can use in court. you can use that information for everything else. remember, he confessed already to the guy they kidnapped. the guy he kidnapped says, these two guys told us, we did the bombing. they got great witness and they got a great...
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but i want to start out asking you about when his miranda rights were read. how much information was lost from dzhokhar tsarnaev when those were read? >> we don't know. we don't really know how far the f.b.i. got in the interrogation and how much information they obtained. keep in mind, it was a pretty slow process because it wasn't actually physical talking going on. he was writing his answers down or typing them in. so that's going to slow things down quote a bit. they had a number of hours to interview him. we don't know what they have yet. and a lot of people have said, well, it shut down now. we're not going to get any more information out of this guy. that's not necessarily true. his lawyer could easily say he's willing to cooperate again. at some point in the future, maybe the very near future, he could bring him in again or she could bring him in again and sit him down and get full cooperation and continue to go over that information. >> heather: maybe they could use his mother against him and use his sister-in-law against him. say, hey, we may be loo
but i want to start out asking you about when his miranda rights were read. how much information was lost from dzhokhar tsarnaev when those were read? >> we don't know. we don't really know how far the f.b.i. got in the interrogation and how much information they obtained. keep in mind, it was a pretty slow process because it wasn't actually physical talking going on. he was writing his answers down or typing them in. so that's going to slow things down quote a bit. they had a number of...
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. >> gregg: we have toe concerned about miranda rights -- that is irrelevant. there is plethora of evidence and he allegedly confessed to the carjacking. so what do you want to do is fi out other planned attacks and accomplices? >> absolutely. you want to find out who was involved in a broader plan, if there is a broader plan. at were all the bombs that were thrown athe police, where were they slated for and is there anybody else lurking i the wings? the trick will be to chip to his heart and who is close to heart andse the leverage. misrepresent the facts, they will be arrested. >> gregg: the supreme court has said so. >> one thousand percent. this is the perfect scenario. all the leverage is on the side of the investigators. he has no idea. he is 19. he is dumb as rocks. he failed six out of seven classes in college. he forgott surveillance video existed in america by the bombing on monday. he is naive and impressionable. they can get to i am. >> gregg: you want to look at all electronic communications and personal property and his car. anybody he might have
. >> gregg: we have toe concerned about miranda rights -- that is irrelevant. there is plethora of evidence and he allegedly confessed to the carjacking. so what do you want to do is fi out other planned attacks and accomplices? >> absolutely. you want to find out who was involved in a broader plan, if there is a broader plan. at were all the bombs that were thrown athe police, where were they slated for and is there anybody else lurking i the wings? the trick will be to chip to his...
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was signal would by not reading the miranda rights when they captured him. it could mean that and could mean the opposite of that. in the meantime eric shaun has the latest from boston right now. >> hi, neil, they could be filing them under a civilian case under those chargeless. federal charge of at the same time state murder charges and that's what sources are telling fox newings, the reason he was not given the miranda rights is that under the law, under a approximate exemption that has to do with immediate threats to the police or public. there is a part of the law that said you don't have to give miranda rights to a suspect to immediately protect the police in a life or death situation. the idea is that when they got him in the boat, they don't know if there are other plots or bombs or devices that the brothers had allege wouldly planted. that was a way to get immediate information about the type of threat they may have posed. dzhokhar remains here in the hospital in serious condition. he lost a lot of blood and suffered two gunshot wounds one in the ne
was signal would by not reading the miranda rights when they captured him. it could mean that and could mean the opposite of that. in the meantime eric shaun has the latest from boston right now. >> hi, neil, they could be filing them under a civilian case under those chargeless. federal charge of at the same time state murder charges and that's what sources are telling fox newings, the reason he was not given the miranda rights is that under the law, under a approximate exemption that...
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miranda cosgrove, everyone. we'll be right back with zz ward. >> the jimmy kimmel live concert series is brought to you by sony. 8t Ñes0p0p >> the jimmy kimmel live concert series is brought to you by sony. >> jimmy: her album is called "till the casket drops" here with the song "365 days," zz ward. [ applause ] ♪ your clothes out on the blacktop scattered suites on the street ♪ ♪ frames and broken pictures in the mid-september heat ♪ ♪ we set these nights on fire so hot we burned it down ♪ ♪ now all that's left of us is ashes on the ground i told you back in june you knew damn well ♪ ♪ what i would do three hundred sixty-five days you been making me wait so keep your two-timing ♪ ♪ games it's a lotta too late the summer's over over over ♪ ♪ the summer's over over over drop your keys from six stories ♪ ♪ shout out it's raining green don't tell lies in heaven ♪ ♪ or an angel will get mean diamonds and white gold watches ♪ ♪ watch how fast they will soar you always said you w
miranda cosgrove, everyone. we'll be right back with zz ward. >> the jimmy kimmel live concert series is brought to you by sony. 8t Ñes0p0p >> the jimmy kimmel live concert series is brought to you by sony. >> jimmy: her album is called "till the casket drops" here with the song "365 days," zz ward. [ applause ] ♪ your clothes out on the blacktop scattered suites on the street ♪ ♪ frames and broken pictures in the mid-september heat ♪ ♪ we set...
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miranda shuts off to use statements thereafter in a court of law but what is to stop the f.b.i. and other interrogation groups and saying we don't care if you have a lawyer. we don't care if these statements can be used against you, we care about the nation's security, so start talking? >> as long as that information is not used in court and you can show, but that is where the debate begins. they are arguing, no, it's sealed tight and going to an article 3 court. the judge is arraigned. you don't have access anymore. we are going to have to work this out. it creates a huge problem, but gun if you are going to assert this as national policy you can bring terrorists anywhere in the world and mirandize here in the country and going through an article 3 court, this is problem that it presents. >> megyn: eric holder said years ago, after we mirandized the christmas day bomber, we need to go back to congress and expand that sub safety exception and give law enforcement the tools they need. he got pushed back from the left and it never happened. i wanted to switch gears with you. there
miranda shuts off to use statements thereafter in a court of law but what is to stop the f.b.i. and other interrogation groups and saying we don't care if you have a lawyer. we don't care if these statements can be used against you, we care about the nation's security, so start talking? >> as long as that information is not used in court and you can show, but that is where the debate begins. they are arguing, no, it's sealed tight and going to an article 3 court. the judge is arraigned....
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recovering from gunshot wounds and as investigators continue to swear gate him, a judge gave him his miranda right and now lawmakers fear this legal action unknowingly took the death center off the table. listen to what senators had to say on the senate floor earlier today. >> how do you get the death penalty when the only way you can get information out of the suspect is to go through his lawyer? you can't have this national security interrogation where there's no lawyer to get information to protect against a future tact tick that can't be used in the trial. don't you think the lawyer is going to say i'm not going to have my client talk to you unless you promise not to seek the death penalty? >> i would say that the senator from south carolina, i don't know how that was 'nibble this case. any defense lawyer, as they should to defend their client, there's no way they oill allow that individual who committed the terrorist attack in boston to speak to one investigator now if we get additional information, we have follow-up questions, without taking the death penalty off the table. >> so did t
recovering from gunshot wounds and as investigators continue to swear gate him, a judge gave him his miranda right and now lawmakers fear this legal action unknowingly took the death center off the table. listen to what senators had to say on the senate floor earlier today. >> how do you get the death penalty when the only way you can get information out of the suspect is to go through his lawyer? you can't have this national security interrogation where there's no lawyer to get...
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we'll be bringing you all the latest twists and turns from the controversial legal case of david miranda. america's huge soon to be open new spy complex is the target for outrage with authorities failing to keep the public away from what was supposed to be a secret facility. they put it inside of the middle of an army base so you can you have to go to the protest of the army to protest the n.s.a. . activist bases the already notorious data center in utah which will host super computers able to store piles of phone e-mail and search engine data that has been harvested. and peace in ruins pakistan says attempts to negotiate with islamist militants have been destroyed after a u.s. drone killed the leader of the taliban country. from our headquarters in moscow you're watching archie with me and he said now a our top story british authorities say the partner of the newspaper reporter glenn greenwald has been publishing edward snowden's leaks was involved in espionage and terrorism the accusation was made in a scotland yard document which is being used as evidence in a london court hearing let
we'll be bringing you all the latest twists and turns from the controversial legal case of david miranda. america's huge soon to be open new spy complex is the target for outrage with authorities failing to keep the public away from what was supposed to be a secret facility. they put it inside of the middle of an army base so you can you have to go to the protest of the army to protest the n.s.a. . activist bases the already notorious data center in utah which will host super computers able to...
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now the document was put together it was read pardew's the legal action that david miranda has launched against the british government that's calling for the documents that were taken for him to be returned and questioning indeed the legality of his detention if he calls to mind back to the end of august he was detained when he arrived from thailand at heathrow airport question for nine hours and had his documents seized from him sheet that was read in court saying that the intelligence indicated that miranda was likely to be involved in espionage activity and that had the potential to act against the security interests big long green was reportedly responding saying that they are absolutely explicitly now equating terrorism and journalism and of course that is going to be causing huge concern this is part of going to play here in the u.k. surrounding press freedom at the moment and causing a huge amount of concern just earlier this week we reported on the prime minister david cameron seeming to issue a bail threats towards newspapers saying that if they didn't show some restraint in pu
now the document was put together it was read pardew's the legal action that david miranda has launched against the british government that's calling for the documents that were taken for him to be returned and questioning indeed the legality of his detention if he calls to mind back to the end of august he was detained when he arrived from thailand at heathrow airport question for nine hours and had his documents seized from him sheet that was read in court saying that the intelligence...
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bill: miranda public safety exemption started in 1984. the administration picked it up and again and reinforced would allow the fbi to question this guy for perhaps a even longer period of time? >> let me tell you what the public safety exception says. the supreme court has one opinion and lasts for 10 seconds. lasts for the i'm time of the arrest. so the arresting officers can say, without giving miranda warning, where is the gun? is anybody else with you. eric holder on his own expanded that 10 seconds to 48 hours. one fbi agent filed the criminal complaint in boston while the other fbi agents were interrogating him in the hospital room. the right hand didn't know what the left hand was doing. bill: based on what we know, itch need a quick answer. there was some level of cooperation on behalf of this 19-year-old. >> apparently yes. bill: is that testimony in jeopardy or not? >> that testimony, if unmirandized can only be used for intelligence purposes. it can not be used for the case against him. bill: which goes for the public safety e
bill: miranda public safety exemption started in 1984. the administration picked it up and again and reinforced would allow the fbi to question this guy for perhaps a even longer period of time? >> let me tell you what the public safety exception says. the supreme court has one opinion and lasts for 10 seconds. lasts for the i'm time of the arrest. so the arresting officers can say, without giving miranda warning, where is the gun? is anybody else with you. eric holder on his own expanded...
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it's different from the miranda warning. the other thing. don't forget, if he is not given the miranda warning what the worst thing that can happen? you don't think they have a case without the statement. >> megyn: they have videotape of him placing the bomb. >> they make a calculated decision, getting lawyered up or going forward and getting the bad guys that are still out there. >> megyn: it will be tough to find a jury not willing to convict. death penalty versus not. we're getting overhead shot of the boat where the suspect was last night. this one is less clear. we're going put these on the screen. why is the boston public defender's office so anxious to get involved. >> probably running to the ideological on to the cynical. >> megyn: you think they are unhappy he hasn't been given miranda yet? >> good point. even if he had been given it and made statements and it's a slam-dunk case on video. they knead don't need any of it. >> megyn: so a confession in terms of figuring out the larger war on terror. >> it's a legitimate exception but a
it's different from the miranda warning. the other thing. don't forget, if he is not given the miranda warning what the worst thing that can happen? you don't think they have a case without the statement. >> megyn: they have videotape of him placing the bomb. >> they make a calculated decision, getting lawyered up or going forward and getting the bad guys that are still out there. >> megyn: it will be tough to find a jury not willing to convict. death penalty versus not. we're...
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and hasn't the "guardian" said they paid for miranda's flight to get to london? >> yeah, and miranda has been assisting greenwald, his partner, in the reporting on this. although it's worth pointing out miranda himself said in the interviews given he doesn't know what material he was taking from the filmmaker in berlin to glenn greenwald in brazil, but i think what's important to note here is, first of all, i talked to greenwald the day this happened, and he's made clear, number one, that what's been published so far is only a fraction of what he and laura got from snowden. number two the material they've gotten, they've encrypted all of it. so even if officials were to recover some thumb drives or data on hard drives, it presumably, greenwald seems to feel, it's encrypted and they're not going to be able make much use of it. the takeaway is the u.s. and uk governments, clearly working closely here, still don't seem to have a handle on all the material that snowden took. it's of a piece of the story we broke last week about the continuing threatened legal action
and hasn't the "guardian" said they paid for miranda's flight to get to london? >> yeah, and miranda has been assisting greenwald, his partner, in the reporting on this. although it's worth pointing out miranda himself said in the interviews given he doesn't know what material he was taking from the filmmaker in berlin to glenn greenwald in brazil, but i think what's important to note here is, first of all, i talked to greenwald the day this happened, and he's made clear, number...
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miranda hart joins us next! there she is in the bud light platinum suite! miranda! hi! ♪ [ cheers and applause ] inging) hello? two years is too long to wait. introducing jump from t-mobile. upgrade when you want, not when you're told. get the samsung galaxy s4 for 0 down at t-moble. hurry. offer ends september 2nd. has motionsense activated by your movement, the more you move the more it protects. ♪ do more. ♪ degree. it won't let you down. now we have bold new tastes like never before. you like things made by hand. we're now grilling up freshly made egg-whites. you like to cool down. we just added a refreshing new smoothie. you get wrapped up in things. we're introducing new delicious ways for you to eat. there's no one quite like you. now more than ever, there's something for everyone to love at mcdonald's. be in our ad. go to imlovinit.com try head & shoulders for men. you can reach polamalu levels of flake-free scalp and hairness. check it. ♪ seven benefits every bottle. [ male announcer ] head & shoulders for men. have an audience.o.its every bottle. you p
miranda hart joins us next! there she is in the bud light platinum suite! miranda! hi! ♪ [ cheers and applause ] inging) hello? two years is too long to wait. introducing jump from t-mobile. upgrade when you want, not when you're told. get the samsung galaxy s4 for 0 down at t-moble. hurry. offer ends september 2nd. has motionsense activated by your movement, the more you move the more it protects. ♪ do more. ♪ degree. it won't let you down. now we have bold new tastes like never before....
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intended to detain david miranda but says that the citizen was london alone lawyer and writer eva gold interest says that while many be it may be strictly true it's not the whole story. this is clearly violating all concepts of what freedom of the press are i mean we're talking about a journalist a media outlet for journalists who are now also being threatened intimidated their spouses partners as well being detained and interrogated and so clearly i mean there's been a decision made that anything related to edward snowden must the capture it no matter what violating anyone's rights the rights of journalists the rights of the media and basic civil rights in general we're talking about a search that's going on for edward snowden or for a search and capture as it would be knowing where he is and they're trying to get it by any means necessary and it's the united states just leading that effort it's not the u.k. and it's not of the european nations what i believe is that the washington to simply put out there to all of its allies look anyone related to edward snowden must be detained if t
intended to detain david miranda but says that the citizen was london alone lawyer and writer eva gold interest says that while many be it may be strictly true it's not the whole story. this is clearly violating all concepts of what freedom of the press are i mean we're talking about a journalist a media outlet for journalists who are now also being threatened intimidated their spouses partners as well being detained and interrogated and so clearly i mean there's been a decision made that...
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he was read his miranda rights. muitics say the intelligence enm committee as to how the plot develops. bom he is now in super max. i r > officers and federal ey wthorities take him alive tis unlike his brother who perished in the fight they were trying hard becey wse they wanted to ay the questions as they go forward to speaght r > he is an american citie inn. he can't be sent to guantanamo a bay he can't be tried in a co military cowas rission. cases there are cases where americans were deemed enemy combatants. pl hosea padilla for one but in the case of him they have not found any link to an al qaeda linked group and therefore no court in the u.s. would necessarily rily uphold the president as r in commander-in-chief in designating him as enetinue ould combatant. this would be shaky i am told by experts.lleged even if he is deemed an enetinu he watant he has a right to an attornaney he doesn't have to tt if he dorcsnk means are limited means interrogators have at their disposal to make him do so. >> the 4cmhour t
he was read his miranda rights. muitics say the intelligence enm committee as to how the plot develops. bom he is now in super max. i r > officers and federal ey wthorities take him alive tis unlike his brother who perished in the fight they were trying hard becey wse they wanted to ay the questions as they go forward to speaght r > he is an american citie inn. he can't be sent to guantanamo a bay he can't be tried in a co military cowas rission. cases there are cases where americans were...
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scandal with glenn greenwald now miranda was returning from berlin to brazil and transferring through london's heathrow airport and that's where the british police stopped him detained him and told him that he would be questioned and the schedule seven of the terrorism act now it's a court of actual law because it allows the police sweeping powers to basically question and detain any individual and miranda was held as you said for nine hours in london's heathrow airport that's the absolute maximum time that the police are allowed under this law to detain an individual before they're either release them or arrest them now ninety seven percent of the people that are questioned under this law are released within one hour it's extremely rare for the police to question anybody for that maximum allocated time of nine hours but miranda was eventually released he was allowed to continue his journey back to brazil but not before the police confiscated all of his electronic equipment including his mobile phone his laptop memory sticks a camera d.v.d.'s and even games consoles well judging by gl
scandal with glenn greenwald now miranda was returning from berlin to brazil and transferring through london's heathrow airport and that's where the british police stopped him detained him and told him that he would be questioned and the schedule seven of the terrorism act now it's a court of actual law because it allows the police sweeping powers to basically question and detain any individual and miranda was held as you said for nine hours in london's heathrow airport that's the absolute...
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well reaction to mr miranda's detention has been nothing short of an outcry and we've got some of it here for you the overwhelming message of course is that this was the law overstretching reporters without borders calling it inexcusable amnesty international commenting commenting to calling it a petty and vindictive action on behalf of the u.k. the brazilian government that unjustified detention of its citizen well author david swanson says david moran does detention is a warning really to all journalists engaged in sensitive work there will be exceptions there will be people like greenwald who say i'm inspired to continue all the harder and edward snowden and others but for the most part we are hearing journalists say my sources are drying up we're seeing journalists get scared and we're seeing journalists move aggressively to the side of the government the effect is going to be fear and intimidation the broadest effect and discrediting of the united states government but i think if you ask the u.s. government or the u.k. government if they're willing to talk about it they'll say t
well reaction to mr miranda's detention has been nothing short of an outcry and we've got some of it here for you the overwhelming message of course is that this was the law overstretching reporters without borders calling it inexcusable amnesty international commenting commenting to calling it a petty and vindictive action on behalf of the u.k. the brazilian government that unjustified detention of its citizen well author david swanson says david moran does detention is a warning really to all...
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now washington admits it was notified of britain's plans to detain david miranda but insists the u.k. acted alone lawyer and gone juror says that while that may be strictly true u.s. policy is certainly and speired the move this is clearly violating our concepts of what freedom of the press are i mean we're talking about a journalist a media outlet and journalists who are now also being threatened intimidated and it's the united states just leading that effort it's not the u.k. and it's not of the european nations what i believe is that actually going to simply put out there to all of its allies look anyone related to everett snowden must be detained if they come into your territory and the u.k. abided by that and did their duty so. when is that sort of intellectual off or behind the detention of david and whether or not they were directly involved they were notified we know that the white house has admitted to that and that notification in itself shows that the u.k. felt they had to tell the u.s. hey look we've got one of the guys you know it was that they were looking for the approv
now washington admits it was notified of britain's plans to detain david miranda but insists the u.k. acted alone lawyer and gone juror says that while that may be strictly true u.s. policy is certainly and speired the move this is clearly violating our concepts of what freedom of the press are i mean we're talking about a journalist a media outlet and journalists who are now also being threatened intimidated and it's the united states just leading that effort it's not the u.k. and it's not of...
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was not involved in the questioning but was alerted by british authorities before miranda was detained for more on the potential fall outs of this latest episode i'm joined now by political commentator sam sax sam what is the message do you think that british authorities were trying to send here or is there a message it's purely intimidation and i think everybody involved from glen greenwald to mr murray and to everyone who's written about this is your nose can see right through it that this was strictly about intimidation you mentioned the section seven of the terrorist act here most of the people who are detained here well over ninety percent are released very quickly almost virtually no one stays more than seven hours let alone the maximum nine hours which mr miranda was held there but as unprecedented as this is i mean really journalists know that certain things come with the trade laura poitras who he was who he was visiting she gets stopped routinely when she comes back in the united states journalists you know sort of weird as a badge of honor the fact that they have to deal wit
was not involved in the questioning but was alerted by british authorities before miranda was detained for more on the potential fall outs of this latest episode i'm joined now by political commentator sam sax sam what is the message do you think that british authorities were trying to send here or is there a message it's purely intimidation and i think everybody involved from glen greenwald to mr murray and to everyone who's written about this is your nose can see right through it that this...
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scandal with glenn greenwald now miranda was returning from berlin to brazil and transferring through london's heathrow airport and that's where the british police stopped him detained him and told him that he would be questioned undiscovered jewel seven of the terrorism act it's extremely rare for the police to question anybody for that maximum allocated time of nine hours but miranda was eventually released he was allowed to continue his journey back to brazil but not before the police confiscated all of his electronic equipment including his mobile phone his laptop memory sticks a camera d.v.d.'s and even games consoles this was however something that glenn greenwald's had predicted would happen although he had assumed that it would be the u.s. government that would take this sort of action let's take a listen now to what he said there are certainly. reason to think about what the u.s. government might want to do in terms of. me specifically for the journalism we're doing but it's not anything that's going to constrain me or deterred me or to be in any way we're going to continue t
scandal with glenn greenwald now miranda was returning from berlin to brazil and transferring through london's heathrow airport and that's where the british police stopped him detained him and told him that he would be questioned undiscovered jewel seven of the terrorism act it's extremely rare for the police to question anybody for that maximum allocated time of nine hours but miranda was eventually released he was allowed to continue his journey back to brazil but not before the police...
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he was not red his miranda rights. they used a rarely used public safety, but they should not have invoked that because he no longer threatens an attack to society and he should get an attorney as soon as possible before he is interrogated. >> thank you. >>> federal law enforcements are weighing in on the rights and the status of the accused boston bomber, should he be treated as a criminal or enemy combaton with no rights? >> you have the high value interrogation group. they are skilled. they know how to do this. the miranda right can be read at a later time. >> four lawmakers including congressman pete king of new york believe he should be tkes eug nateed as a poe term enemy combaton. a conviction is likely so he is more interested in intelligence the suspect can offer. >>> thousands of runners at the london marathon paid tribute today to pay tribute to those killed and injured. they observed 30 seconds of silence before the start of each group of racers. many wore black ribbons in tribute. they set up a fund for the
he was not red his miranda rights. they used a rarely used public safety, but they should not have invoked that because he no longer threatens an attack to society and he should get an attorney as soon as possible before he is interrogated. >> thank you. >>> federal law enforcements are weighing in on the rights and the status of the accused boston bomber, should he be treated as a criminal or enemy combaton with no rights? >> you have the high value interrogation group....
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but legislation has been asking for an explanation on why the police have treated miranda this way why was it necessary to keep it in for as long as minor because at sixteen really unusual you're looking at no more than a very few dozen people a year who are kept for that length of time why was it that they wanted to question him the police are only allowed to ask questions aimed at determining whether somebody is a terrorist is that what they thought and if so on what basis now this as this story continues to develop and continues to unfold we're getting a glimpse of what appears to be how far the a british government is willing to go in order to get a hold of those information or destroy the data that the guardian has and just stop the reporting on the global surveillance and covered by edward snowden well reaction to mr miranda detention has been nothing short of an outcry and here's just a little of what's being said glenn greenwald cold and intimidation reporters without borders sat it was inexcusable amnesty international comma to say it was a petty and vindictive action by the u
but legislation has been asking for an explanation on why the police have treated miranda this way why was it necessary to keep it in for as long as minor because at sixteen really unusual you're looking at no more than a very few dozen people a year who are kept for that length of time why was it that they wanted to question him the police are only allowed to ask questions aimed at determining whether somebody is a terrorist is that what they thought and if so on what basis now this as this...
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miranda hart joins us next! there she is in the bud light platinum suite! miranda! hi! ♪ [ cheers and applause ] excuse... ma'am, or miss. can i get another umm... ginger ale? okay. that's the galaxy s4, right? yep, yep. hey, do you know the guy in 23e has literally drank six ginger ales. and i haven't had to go to the restroom once. how crazy is that? i like a simple phone. well this has easy mode. it simplifies everything. yeah, but switching. well i used smart switch. it transfers your contacts, photos. music? yep. even text messages. i'm a big texter. i do like how big that screen is. yeah it's five inches. hey man. did you show him the eye thing? what's the eye thing? the phone pauses video when you look away from it. you're kidding? (laughs) ooh, gs4. look at that. don't do that. okay. nope, it's not going. well, you actually have to look away. yeah see. did it stop? it stopped. i am sold. the samsung galaxy s4. the next big thing is here. [ male announcer ] men -- you've tortured your face enough. end the face torture. new dove men + care face lotion hydrates s
miranda hart joins us next! there she is in the bud light platinum suite! miranda! hi! ♪ [ cheers and applause ] excuse... ma'am, or miss. can i get another umm... ginger ale? okay. that's the galaxy s4, right? yep, yep. hey, do you know the guy in 23e has literally drank six ginger ales. and i haven't had to go to the restroom once. how crazy is that? i like a simple phone. well this has easy mode. it simplifies everything. yeah, but switching. well i used smart switch. it transfers your...
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david miranda and his spouse glen green would. they are speaking out for the first time. green wald has been edward snowden's conduet to the world. sunday he was heading home from berlin having met with a documentary film maker who has been working with green wald. while changing planes in london, british athouthorities detained miranda and interrogated him. as you'll hear on 360, miranda claims they didn't ask him about terrorism but threatened him with jail time and confiscated his laptop and memory sticks. just a short time ago for the first time since the incident, i spoke with david miranda and glenn greenwald. david, there has been a lot of misreporting on this. you were on a plane and there was an announcement everyone had to show passports and then what happened? >> i walk out, and there was two officers just waiting by the door of the plane, and they were just like checking people. they pick up my passport and they looked at my name and face and just ask me, sir, can you acompany me? i went with them. we went to this room, and there was four chairs in there and a
david miranda and his spouse glen green would. they are speaking out for the first time. green wald has been edward snowden's conduet to the world. sunday he was heading home from berlin having met with a documentary film maker who has been working with green wald. while changing planes in london, british athouthorities detained miranda and interrogated him. as you'll hear on 360, miranda claims they didn't ask him about terrorism but threatened him with jail time and confiscated his laptop and...
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questioned under the terrorism act in britain is threatening the government with legal action david miranda is lures are demanding the return of his laptop and other equipment within a week and want to stop any inspection of them the british government has been under fire ever since detaining miranda and forcing the guardian newspaper to destroy files containing n.s.a. data and laura smith are joining us now live from london laurie lovely to see what's the latest development in the legal case of david miranda. well this is a story that gets more and more bizarre as it unfolds with high level government involvement we now know and now david miranda lawyers who have come out threatening legal action against the government as you say saying they want his belongings returned they don't want any further search and search is performed against him he of course was detained at heathrow for nine hours and questioned all his electronic devices taken away his his passwords goes out to him for investigation by the security services we actually have got a small clip of what his lawyer said so let's list
questioned under the terrorism act in britain is threatening the government with legal action david miranda is lures are demanding the return of his laptop and other equipment within a week and want to stop any inspection of them the british government has been under fire ever since detaining miranda and forcing the guardian newspaper to destroy files containing n.s.a. data and laura smith are joining us now live from london laurie lovely to see what's the latest development in the legal case...